Since the inauguration of Advertising Offences Tribunal, AOT in May 2023, it has faced misty understanding among some lawyers and advertisers.
As a new model in Nigeria’s judiciary system to try advertising related violations, the shift of cases from conventional courts have triggered litigations by alleged offenders who approach high courts to stop the proceedings.
But a lawyer said the same court of coordinate jurisdiction would not stop the tribunal’s proceedings as the AOT has the same judicial powers.
Amidst the hazy understanding about the powers and functions of AOT, Advertising Regulatory Council of Nigeria, ARCON in collaboration with NBA- Lawyers in the Media moved to explore what AOT is, how it functions and the role it plays in protecting consumers and industry integrity, and the challenges it faces as it charts new territory in media law.
The impressive attendance of lawyers, advertisers, and other stakeholders at the Town Hall meeting in Sheba Event Centre, Ikeja, Lagos, demonstrated their strong interest in learning more about AOT and its operations.
Some lawyers at the summit described AOT as a linchpin of a transformed enforcement regime in Nigeria’s advertising sector. Akinlolu Kehinde, a legal luminary said AOT is the world’s first judicial tribunal with criminal jurisdiction over advertising offences.
Its mandate in advertising ecosystem includes protection of the consumers, deterring misconduct, regulating digital spaces, preserving industry integrity, and demonstrating constitutional innovation. Kehinde said it is a global first, but more importantly, it is a Nigerian solution to Nigerian challenges.
Under its mandate, the tribunal is also required to impose fines, imprisonment, and additional sanctions. Its composition are lawyers, media practitioners and experts. It functions as a normal court of coordinate jurisdiction.
At the Town-Hall meeting, Justice C.M.A. Olatoregun who is Chairman of the Advertising Offences Tribunal told the audience that the tribunal has handled 201 cases out of a total of 266 cases. Describing AOT as a gatekeeper, Olatoregun promised that the tribunal will deliver on its mandate.
She said that the AOT represents a systemic evolution that is embedding truth and accountability into the very structure of Nigeria’s advertising environment. She further called on lawyers in the media space to grow with the tribunal and grow the tribunal.
Though, climes like United States, engages in regulation after publication while UK operates self-regulation, but Lekan Fadolapo, DG of ARCON believes that Nigeria can prevent harm before it occurs and deter violations with pre-vetting regulations and violations sanctioned.
Fadolapo recounted offensive advertisements by some organisations which ARCON stopped without which they would have caused social unrest.
But according to some advertisers, pre-vetting can stifle creativity with its, perhaps delayed nature. For instance, Lanre Adisa, Chairman of Heads of Advertising Sectoral Group cited an advert immediately created and run when there was electricity cut during a Super Bowl event – ‘You can even dunk in the dark’. In Nigeria, this will need approval which will delay the advert and the creativity.
Lanre who commended ARCON moves to ensure sanity and ensure advertising decency said there must be a balance between regulation and the use of technology to ensure that there is efficiency. He said practitioners must feel that they are not been held back with regulation.
